“Coup initiatives must be condemned, repudiated and punished”, says president of OAB/RS

“The acts that took place in Brasilia on January 8, 2023 must be strongly repudiated, as they are characterized as a criminal practice and an attack on democracy and the rule of law, and should fall on those who organized or participated in the commission of crimes on that day, due accountability in the form of the law, ensuring due legal process”, defended the president of the OAB/RS.

Lamachia also claimed that there were “excesses” practiced by the Federal Supreme Court (STF) within the scope of Inquérito 4781 – the Fake News Inquiry – and the acts committed in Brasília. He said that it is up to the Court to maintain social peace and ensure compliance with the constitution.

The entity’s president also defended respect for the electoral process and said that “coup initiatives must be condemned, repudiated and punished”, as they violate the rule of law and are characterized by the Brazilian Penal Law as crimes.

The lawyer concluded by advocating a change in society’s attitude, with a view to maintaining democracy. “The Federal Supreme Court, other authorities of the Republic, opposition leaders and all organized civil society must change the way they act, striving for balance, rationality, legality, consideration and serenity, with a view to maintaining democracy and the State of Law, if this change does not take place, democracy will be at risk”, concluded Lamachia.

Check out the statement in full:

We live in a serious and delicate moment in the country, and for that reason we need to affirm: one, democracy is a non-negotiable value and its defense is an obligation of all Brazilians, there is no other path for the country to have prosperity, development and peace that is not through means of democracy.

Two, the acts that took place in Brasilia on January 8, 2023 must be strongly repudiated, as they are characterized as a criminal practice and an attack on democracy and the rule of law, and should fall on those who organized or participated in the commission of crimes on that day. , due accountability under the law, ensuring due process of law.

Three, there are excesses practiced by the Federal Supreme Court, in decisions issued within the scope of Inquiry 4781 and in relation to the facts that occurred in Brasília, which violate the 1988 Constitution and which also violate the Democratic State of Law, prerogatives of the law , in addition to usurping the competence of the Public Prosecutor’s Office and the judiciary itself.

Four, the elections were concluded, and any questioning must be done in a legal manner, by the appropriate means and in an institutional manner, coup initiatives must be condemned, repudiated and punished, as they violate the rule of law and are characterized by the Brazilian Penal Law as crimes .

Five, those whose mission is to promote social peace and guarantee compliance with the constitution, such as the Federal Supreme Court, cannot be a source of institutional imbalance and social tension, nor can they issue decisions that violate due process of law. and, therefore, the Democratic State of Law.

Six, it is up to the elected President of the Republic to fulfill his mission and speak to the whole of society, with a view to calming down.

Seven, it is up to the defeated leader or opposition leaders to expressly condemn coup initiatives, criticize the government and, if they wish, criticize the electoral process, provided that, and exclusively, through institutionality.

Eight, it is up to the Federal Supreme Court to respect the constitution, due process of law and the organic law of the judiciary, making the competent instances prosecute and judge criminal acts that are taking place in the country, extinguishing the universal judgment created by Minister Alexandre de Morais, as well as protect yourself from public and media exposure that is incompatible with LOMAN.

Nine, it is up to the National Congress, through its members, through its presidents, to exercise the supervision of the other powers, fulfill its functions immediately, and act for the resumption of civility, putting a brake on violations of the Democratic State of Law, wherever they come from, I repeat, wherever you come from.

Ten, the restriction on freedom of the press and expression in the country is serious and worrying, provided that such freedom respects the limit of not committing crimes through social networks or communication vehicles, as it is freedom of expression, in the words of Ulisses Guimarães, the queen of freedoms and the pillar of the rule of law.

Eleven, we always defend individual freedoms and guarantees, regardless of the ideological side and the historical moment of the facts; we cannot defend individual freedoms and fundamental rights selectively and according to our ideological beliefs.

Twelve, and I conclude, the Federal Supreme Court, the other authorities of the Republic, the leaders of the opposition and the entire organized civil society must change the way of acting, striving for balance, rationality, legality, consideration and serenity, with a view to maintaining the democracy and the rule of law, if there is no such change, democracy will be at risk.